Legislation, regulatory requirements and codes of practice in teaching

Last Updated on 03/09/2023 by James Barron

Abstract

This document elucidates the fundamental principles and obligations of key legislative frameworks including the Health and Safety at Work Act (1974), the Safeguarding Vulnerable Groups Act (2006), and the Data Protection Act (1998), and their implications for educational settings. The Health and Safety at Work Act emphasises the safety of individuals in a work environment, highlighting responsibilities of all staff members. The Safeguarding Vulnerable Groups Act institutes controls on who can teach vulnerable populations and integrates the Disclosure and Barring Service to ensure the safety of these groups. The Data Protection Act outlines the measures educational institutions must adopt to protect sensitive information. In addition, this document discusses the role of the Education & Training Foundation in elevating the quality of education by setting professional standards for teachers and providing resources to aid their professional development.

Introduction

In the modern world, the significance of legislative frameworks and standards for ensuring the well-being, protection, and development of individuals in an educational environment cannot be overstated. Several pieces of legislation, ranging from ensuring safety at workspaces to safeguarding vulnerable groups and the management of data, play pivotal roles in shaping the educational landscape. Further, organisations, such as the Education & Training Foundation offer guidelines and standards for teachers, enhancing the quality of teaching and learning in educational institutions. This document provides an overview of various Acts and standards that directly influence educational environments and how they intersect with the duties and responsibilities of educators.

Health and Safety at Work Act (1974)

The Health and Safety at Work Act is the primary legislation relating to the safety of people at work. The act imposes responsibilities on all members of staff to care for the health and safety of themselves and others. A requirement is that a health and safety executive is appointed with the responsibility of enforcing the act. Before teaching a class it is important to review the safety of the teaching environment and remove any hazards before students are present. An aspect of the health and safety act affecting myself is to ensure that student workstations are configured for their correct posture to avoid injuries, such as repetitive strain injury. I have an informal discussion with students and explain how workstations should be configured and why they should configure their workstation correctly.

Safeguarding Vulnerable Groups Act (2006)

The Safeguarding Vulnerable Groups Act controls who can work with and teach vulnerable people, such as children. The act makes use of the Disclosure and Barring Service (DBS) to conduct criminal background checks on everyone working with vulnerable groups. The act prevents anyone deemed unsuitable from being employed to work with vulnerable groups. This could become a barrier to student learning, as my course includes a helpdesk unit where students are employed and require a DBS check, if deemed unsuitable they would be unable to complete the practical aspect of the unit.

Data Protection Act (1998)

Educational establishments hold sensitive information, including student/staff details, qualifications/grades, payment details, etc. The Data Protection act ensures this confidential information is only accessible by authorised personnel and is not left unattended. An example of implementing this is to ensure I have a secure password on my computer and that I do not leave my computer logged in. This affects my teaching role, as part of the course requires students to perform data entry for other departments; this means all students must complete a non-disclosure agreement. Obtaining a suitable non-disclosure agreement and ensuring that all students have completed it can be challenging, requiring a large amount of organisation and management.

The Education & Training Foundation

The Education & Training Foundation was set out to improve the standards of teaching and learning. To accomplish their goal, they have created a set of professional standards for teachers to follow, these standards include:

• set out clear expectations of effective practice in education and training;
• enable teachers, trainers and other practitioners to identify areas for their own professional development;
• support initial teacher education; and
• provide a national reference point that organisations can use to support the development of their staff

(The Education and Training Foundation, 2014)

To help teachers and trainers follow these standards the Education & Training Foundation supports teachers by providing a large quantity of guides and courses. This will assist the professional development of teachers in their professional values and attributes, professional knowledge, understanding and skills to ensure the best outcomes for learners.

Conclusion

The intricate mosaic of legislation and standards impacting the educational sector underscores the collective societal commitment to ensuring a safe, inclusive, and effective learning environment. The Health and Safety at Work Act, the Safeguarding Vulnerable Groups Act, and the Data Protection Act represent more than mere compliance obligations. They symbolise a vision of education that prioritises the well-being, safety, and rights of all stakeholders involved, from educators to learners. Meanwhile, initiatives by institutions like the Education & Training Foundation emphasise the dynamic nature of education, championing continuous improvement and professional excellence. For educators, understanding and navigating these legislations and standards isn’t just a professional obligation, but a cornerstone for fostering a nurturing, efficient, and ethically sound educational environment. As we look to the future, it becomes evident that a synergistic approach, intertwining legal compliance with professional development, is the bedrock upon which transformative education stands.

Bibliography

The Education and Training Foundation, 2014. Professional Standards for Teachers and Trainers – England. [Online]
Available at:

http://www.et-foundation.co.uk/supporting/support-practitioners/professional-standards/

Further reading

Introduction to Health and Safety at Work by Phil Hughes MBE and Ed Ferrett.

This book covers the Health and Safety at Work Act in detail, offering readers insights into the Act’s stipulations, their implications, and the ways they intersect with other legislation.

Data Protection Law and Practice by Rosemary Jay

Jay offers a comprehensive exploration of the Data Protection Act, elaborating on the importance of safeguarding data in various sectors, including education.

Safeguarding Vulnerable Adults and the Law by Michael Mandelstam.

While specifically focused on vulnerable adults, this book provides an in-depth look at the legal frameworks surrounding the protection of vulnerable groups, offering context that can enrich one’s understanding of the Safeguarding Vulnerable Groups Act’s intentions and applications.

Health and Safety Executive (HSE)

The official website for the UK’s national regulator for workplace health and safety. It provides extensive resources and updates on the Health and Safety at Work Act.

Website URL: http://www.hse.gov.uk/

Disclosure and Barring Service (DBS)

The official website for the DBS, providing information about checks and services related to the Safeguarding Vulnerable Groups Act.

Website URL: https://www.gov.uk/government/organisations/disclosure-and-barring-service

Information Commissioner’s Office (ICO)

The UK’s independent body set up to uphold information rights, providing guidelines, advice, and updates on the Data Protection Act and data protection principles in general.

Website URL: https://ico.org.uk/